The Seanad Comittee which found Fianna Fáil Senator Ivor Callely mispresented his place of residence in order to claim expenses was entitled to make such a political and ethical finding and the courts has no jurisdiction to hear the Senator’s challenge to that, the High Court was told today.
Conleth Bradley SC, for the Seanad's Select Committee of Members' Interests, said there was extensive case law to support his argument that the courts cannot review the committee's finding against Senator Callely.
Under the Ethics in Public Office Act, the committee was permitted to make a political and ethical judgment against a member of the Oireachtas, counsel said. The committee's determination against Senator Callely was made under that Act last July.
Under the Constitution, the Oireachtas has the power to make its own rules for members, which did not apply to ordinary members of the public, counsel said. Any issue of unfair procedures or damage to reputation or breach of rights were matters for the Seanad and not for the courts and it was "as simple as that".
Michael O'Higgins SC, for the Senator, disputed the argument the High Court is precluded by the constitutional separation of powers from reviewing a decision.
Counsel argued the court has the jurisdiction to review the "fundamentally flawed" finding, which lead to Mr Callely receiving a twenty day suspension from the House. The good name and reputation of the Senator was destroyed as a result, counsel said.
The Senator, a North Dublin FF TD from 1989 to 2007, is seeking orders aimed at quashing the committee's finding he had intentionally misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork in order to claim allowances. He is also seeking damages.
The Senator claims the Committee disregarded the Department of Finance's definition of a normal place of residence for the purposes of claiming expenses when it made a determination against him. The Committee had made a political and ethical decision against him when it was not entitled to do so, he argues.
The members of the committee are Senators Pat Moylan (FF) who is also Seanad Cathaoirleach, Camillus Glynn (FF); Denis O'Donovan (FF); Joe O'Toole (Independent); Alex White (Labour); Frances Fitzgerald (Fine Gael) and Dan Boyle (Greens).
The Committee claims it acted properly and denies any breach of fair procedures. It also argues its
determination related to political ethics and propriety of Senator Callely's behaviour in submitting such expenses claims.
The case before Mr Justice Iarfhlaith Ó Neill continues tomorrow.